Illinois man convicted of raping 2 toddlers to get new trial
MOUNT VERNON, Ill. (AP) - An Alton man convicted of raping two toddlers and sentenced to life in prison will get a new trial after the appellate court overturned his conviction.
In December 2012, Michael Burgund, 33, was found guilty on five counts of predatory sexual assault of two girls between the ages of 1 and 3 years old, the Belleville News-Democrat (http://bit.ly/2gB48qT ) reported.
Madison County Assistant State's Attorney Jennifer Mudge said prosecutors intend to proceed with the charges as soon as the case is officially remanded back to them.
According to some trial testimony from 2012, Burgund walked into the Alton Police Department in April 2011 and confessed to molesting the girls. However, Burgund testified he never abused the girls. He said he gave a false confession because he was coerced into doing so by the girls' mother and was psychologically manipulated into believing he had abused them.
The appellate decision said that then-Circuit Judge Ann Callis, who ruled in Burgund's trial, should've permitted a psychologist to testify about Burgund's suggestibility, so that the jury could consider whether the confession was real or false.
Callis agreed with the state's argument that Burgund had not been diagnosed with a specific psychological condition or personality disorder. However, the judge still excluded the psychological testimony.
Callis declined to comment about the latest development in the case, according to the newspaper.
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Information from: Belleville News-Democrat, http://www.bnd.com